Ministry of Health
Government of Pakistan
Prohibition
of Smoking
and
Protectionof Non-smokers
HealthOrdinance
2002
Islamabad,
the 15th October,
2Q02
F. No. 2(1)/2002-Pub. - The following Ordinance promulgated by the
President is hereby published for general information:ORDINANCENo. LXXIV OF 2002
AN
ORDINANCE
to provide for prohibition of smoking and other tobacco uses in places of public
work or use and public service vehicles and to protect the health of non-smokers
WHEREASsmoking and other tobacco uses is posing a serious threat to the health
of people and the environment it is expedient to provide for prohibition of smoking and
other tobacco uses in places of public work or use and in public service vehicles and to
protect the health of non-smokers and for matters connected therewith or ancillary
thereto;
AND WHEREASthe President is satisfied that circumstances exist which render it
necessary to take immediate action;
Now, THEREFORE,
in pursuance of the Proclamation of Emergency of the
fourteenth day of October, 1999, and the Provisional Constitution Order No.1 of 1999,
read with the Provisional Constitution (Amendment) Order No.9 of 1999, and in exercise
of all powers enabling him in that behalf, the President of the Islamic Republic of
Pakistan in pleased to make and promulgate the following Ordinance:1.
Short title, extent and commencement.- (1) This Ordinance may be
called the Prohibition of Smoking and Protection of Non-Smokers Health
Ordinance, 2002.
(2)
It extends to the whole of Pakistan.
(3)
It shall come into force on such date as the Federa:l Government
may, by notification in the official Gazette, specify.
.
2.
Definitions.- In this Ordinance, unless there is anything
repugnant in the subject of the context,-
(a)
"advertisement" means and includes any notice, circular, wall
paper, pamphlet, display on any board or hoarding, through
internet, or any visible representation made by any form of
media whether mechanical, electronic, audio, visual or any other
technological means of any light, sound, smoke, gas, writing
instruments, stickers, symbol, color, logo, trade marks, display
on articles like T-shirts, shoes, sports wear, sports gears, caps,
carry bags, telephone booths or by any other mean, direct or
1
indirect, which have the effect of promoting smoking and other
tobacco use and the expression "advertise" shall be construed
accordingly;
(b)
"authorized officer" means a person authorized under section 4;
(c)
"place of public work or use" means any place declared as such
under section 3 and includes auditoriums, buildings, health
institutions, amusement centers, restaurants, public offices, court
buildings, cinema halls, conference or seminar halls, eating
houses, hotel lounges, other waiting lounges libraries, bus
stations or stands, sports stadiums, educational institutions,
libraries and the like which are visited by general public but does
not include any open place;
(d)
"promotion" includes sponsorship, sampling, display and uses of
tobacco brand names, logos and colors on non-tobacco
merchandise which has the effect of promoting smoking and
other tobacco use;
(e)
"public service vehicle" means a vehicle as defined in the
Provincial Motor Vehicles Ordinance, 1965 (W.P. Ordinance
XIX of 1965), and includes railway train and aeroplanes.
(f)
"rule" means the rule made under this Ordinance; and
(g)
"smoking" means smoking of tobacco in any form whether in the
form of cigarettes, cigar or otherwise with the aid of a pipe,
wrapper or any other instrument.
3.
Powers to declare no-smoking places of public work of use:- As soon
as may be after the commencement of this Ordinance the Federal Government
may from time to time, by notification in the official Gazette, declare any place
of public work or use to be a no-smoking and no-tobacco use place for the
purposes of this Ordinance.
4.
Power to authorize. - (1) The Federal Government may, by notification
in the official Gazette, authorize on or more persons who shall be competent to
act under this Ordinance.
(2)
Every person authorized under sub-section (1) shall be deemed to be a
public servant within the meaning of section 21 of the Pakistan Penal Code (Act
XLV of 1860).
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5.
Prohibition of smoking and other tobacco use.- No person shall smoke
or use tobacco in any other form in any place of public work or use. The Federal
Government may however issue guidelines for permitting designated smoking
areas in premises or places where adequate arrangements are made to protect the
health of non-smokers.
6.
Prohibition of smoking in public service vehicles.- Without prejudice
. to the provisions of the Provincial Motor vehicles Ordinance, 1965 (W. P.
Ordinance XIX of 1965), no person shall smoke or use tobacco in any other form
in a public service vehicle.
7.
Prohibition on advertisement of cigarettes, etc.- Notwithstanding
anything contained in any other law for the time being in force, no person or
company shall advertise tobacco and tobacco product on any medial or in any
place and any public service vehicle, if such advertisement is not in accordance
with guidelines prescribed for this purpose by a committee which the Federal
Government may, by notification in the official Gazette, constitute.
8.
Prohibition of sale of cigarettes, etc., to minors.- No person shall sell
cigarettes or any other smoking substance to any person who is below the age of
eighteen years.
9.
Prohibition of storage, sale and distribution of cigarettes, etc.,
in the immediate vicinity of educational institutions.- No person shall
himself or by any person on his behalf, store, sell or distribute cigarettes or
any other smoking substance or any other tobacco product within SO
(fifty) meters from any college, school or educational institution.
10.
Display and exhibition of board. - the owner or manager or
incharge of the affairs of every place of public work or use shall display
and exhibit a board at each conspicuous place in and outside the premises
visited or used by general public prominently stating that the place is a
"No Smoking Zone" and that "Smoking is an Offence."
11. if1K.enalties. - Any person, who contravenes the provisions
-~~
i
(a)
section S, 6 or 10 shall be punishable with fine which may
extend to one thousand rupees and in case of second or
subsequent offence, shall be punishable with a fine which
shall not be less then one thousand rupees, and may extend
to one hundred thousand rupees; and
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(b)
Section 7,8 or 9 shall be punishable with fine which may extend
to five thousand rupees and in case of second or subsequent
offence, shall be punishable with imprisonment which may
extend to three months, or with a fine which shall not be less
then one hundred thousand rupees, or with both.
12.
Ejectment of violators from any place of public work or use.Any authorized officer or a police officer not below the rank of sub-inspector
may eject any person from any place of public work or use who contravenes the
provisions of this Ordinance.
13.
Cognizance of offences. - (1) Notwithstanding anything
contained in the Code of Criminal Procedure, 1898 (Act V of 1898), no court
shall take cognizance of any offence under this Ordinance except on a complaint
in writing by an authorized officer with respect to an offence under section 5, 6
and 10 and on a report in writing by a police officer, not below the rank of subinspector, with respect to an offence under sections 7, 8 and 9.
14.
Procedures.- Notwithstanding anything contained in the
Code of Criminal Procedure, 1898 (Act V of 1898),
(a)
bailable;
an offence under section 7, 8 and 9 shall be cognizable and
(b)
no court other than Magistrate
offence under this Ordinance;
of the first class shall try ;10
(c)
a Magistrate trying an offence under this ordinance shall have
the power to try such offence summarily in accordance with the procedure laid
down for summary trial in the said code; and
(d)
it shall be lawful for the Magistrate of the first class to pass any
sentence authorized try this ordinance.
15.
Power to delegate. - The Federal Government may, by
notification in the official Gazette, direct that all or any of its powers under this
Ordinance or the rules shall, subject to such conditions, if any, as may be
specified therein, be exercisable also by any officer or authority subordinate to
the Federal Government or Provincial Government.
16.
Application of other laws passed.- The provisions of this
Ordinance shall be in addition to, and not in derogation of, any law for the time
being in force.
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17.
Power to make rules.- (1) The Federal Government may, by
notification in the official Gazette, make rules for carrying out the purposes of
this Ordinance.
(2)
The power to make rules conferred by this section shall, except
for the first occasion of the exercise thereof, be subject to the condition of
previous publication.
GENERAL
PERVEZ MUSHARRAF,
President
----------------MR. JUSTICE
MASNOOR AHMED,
Secretary,
-----------------
5
Ministry of Health
Government of Pakistan
TheCigarettes
(Printingof Warning)
(Amendment)
Ordinance
2002
Islamabad, the 15th October, 2002
F. No. 2(1)/2002-Pub.-The following Ordinance promulgated by
the President is hereby published for general information:ORDINANCE No. LXXV OF 2002
AN
ORDINANCE
further to amend the Cigarettes (Printing ofWaming)
Ordinance, 1979
WHEREASit is expedient further to amend the Cigarettes (Printing
of Warning) Ordinance, 1979 (LXXill of 1979), for the purposes
hereinafter appearing;
AND WHEREASthe President is satisfied that circumstances exist
which render it necessary to take immediate action;
Now, THEREFORE,
in pursuance of the Proclamation of Emergency
of the fourteenth day of October, 1999, and the Provisional Constitution
.
Order No.1 of 1999,
Order N. 9 of 1999,
behalf, the President
make and promulgate
read with the Provisional Constitution (Amendment)
and in exercise of all powers enabling him in that
of the Islamic Republic of Pakistan is pleased to
the following Ordinance:-
1.
Short title and commencement.- (1) This Ordinance may
be called the Cigarettes ( Printing of Warning) (Amendment) Ordinance,
2002.
(2)
It shall come into force at once.
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Substitution of section 3, Ordinance LXXIII of 1979.- In the
Cigarettes (Printing of Warning) Ordinance, 1979 (LXXm of 1979), for section
3 the following shall be substituted, namely:3
"Printing of health warning.- There shall be printed legibly and
prominently, both in English and Urdu, on every packet of
tobacco and on all types of advertisements on any media, a
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health warning as the Ministry of Health may, by notification in
the official Gazette, Prescribe".
GENERAL
PERVEZ MUSHARRAF,
President
----------------MR. JUSTICE
MASNOOR AHMED,
Secretary,
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